Understanding spinal surgical negligence
Spinal surgery is often performed to relieve pain, improve mobility and prevent further deterioration of the spine. Most procedures are carried out successfully, but when mistakes happen, the consequences can be life changing.
Spinal surgery negligence is not limited to mistakes made during an operation. Negligence may also arise from delays in diagnosing spinal conditions, failures to refer for surgery, inadequate surgical planning, a failure to obtain informed consent, or poor post-operative care and monitoring. There could even be question as to whether the surgery was in fact necessary or not.
If you’ve suffered avoidable harm because of negligent spinal surgery, Enable Law’s specialist medical negligence solicitors can help you understand what happened and whether you may be entitled to compensation.
Our team has extensive experience supporting clients who have experienced serious injuries following spinal procedures, including cases involving spinal cord injury causing paralysis or foot drop, nerve root injury, dural tear (CSF leak), injury to other organs, development of bladder and bowel incontinence and chronic pain. It should also be mentioned that patients we have supported have undergone avoidable and unnecessary surgeries also.
Speak to our specialist team today for a free, no obligation discussion about your circumstances.
Can I make a spinal surgery negligence claim?
You may be able to bring a claim if a healthcare professional failed to provide an acceptable standard of care and this caused you injury or worsened your condition.
Examples of spinal surgery negligence can include:
- Operating on the wrong level or area of the spine;
- Delays in carrying out necessary surgery;
- Unnecessary surgery following a misdiagnosis;
- Surgical errors causing nerve or spinal cord damage;
- Failures in pre-operative planning;
- Anaesthetic errors or complications;
- Inadequate post-operative monitoring and care; and
- Failures to identify or treat complications such as infection.
The effects of negligent spinal surgery can be severe and may include paralysis, foot drop, ongoing pain, mobility problems, loss of sensation and bowel or bladder complications.
Types of spinal surgery claims we can help with
Our team has extensive experience supporting patients who suffered harm following a number of different procedures, but we have particular expertise in cases involving
Spinal fusion: this is a procedure used to stabilise the spine by joining two or more vertebrae together. Negligence may arise where:
- Failure to recognise pseudoarthrosis (failed fusion);
- Failure to identify adjacent segment disease;
- Surgical hardware has been incorrectly inserted;
- Infection is not prevented or treated appropriately;
- The spinal cord, nerves or surrounding structures are damaged;
- The procedure is carried out incorrectly; and
- Appropriate rehabilitation is not arranged following surgery.
Discectomy: a procedure performed to remove all or parts of a damaged spinal disc. Potential examples of negligence include:
- Failure to adequately decompress the affected nerve root;
- Wrong level surgery;
- Failure to diagnose recurrent disc prolapse following surgery;
- Delayed surgery resulting in significant worsening nerve compression;
- Failure to remove the problematic disc tissue;
- Damage to nerves or blood vessels during surgery;
- Injury to the dura surrounding the spinal cord; and
- Inadequate post-operative treatment resulting in additional health problems.
Laminectomy: a procedure where part of a vertebra is removed to relieve pressure on the spinal cord or nerves. Negligence can occur where there is:
- Excessive bone removal causing spinal instability;
- Failure to identify post-operative haematoma causing neurological deterioration;
- Unnecessary delay in treatment resulting in additional deterioration and additional operations;
- Nerve damage during surgery; and
- Inadequate surgical technique.
We can also advise on claims involving:
- Disc replacement surgery;
- Decompression surgery;
- Foraminotomy procedures;
- Revision spinal surgery; and
- Emergency spinal operations.







